Observación (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

The Committee notes the information provided by the Government in its report, including the statistics on the cash benefits provided to injured workmen and their dependants in case of permanent disability or death. The Committee observes, however, that the Government does not supply information on the measures effectively taken in order to finalize the amendments necessary to bring the national laws and regulations into conformity with the Convention. It is therefore once again bound to note that no progress has been achieved in this respect in spite of the repeated commitments made by the Government since 1967 to amend the national legislation. The Committee recalls in this respect that section 4 of the Workmen’s Compensation Act of 1923 provides that in case of personal injury followed by death or permanent disability, compensation is due in the form of a lump sum payment, whereas according to Article 5 of the Convention, it shall always be paid in the form of periodical payments and shall only be paid, wholly or partially, in a lump sum, if the competent authority has been assured that it will be properly utilized.

The Committee further notes that the report supplied by the Government does not indicate the measures taken to ensure the conformity of national laws and regulations with Article 10 of the Convention. In this respect, both the Workmen’s Compensation Act and the regulations taken under the Social Security Act of 1954 continue to impose a ceiling for the supply and normal renewal of necessary artificial limbs and surgical appliances to victims of occupational accidents in contradiction with the Convention, which does not authorize such limits to be set.

The Committee consequently urges the Government to take, in the very near future, all the necessary measures to bring the national laws and regulations into conformity with the Convention.